Public Rights of Way
Most public rights of way have their roots deep in the past, often dating back to the days before modern surfaced roads maintained by local authorities. Some were originally ‘drove roads’ for driving cattle to market, or ‘kirk’ roads for getting to church, or the road to the mill.
All of them have their origin in the need to get from one public place to another. Today public rights of way are most often used for recreational access.
Section 46 of the Countryside (Scotland) Act 1967 outlines the statutory powers and duties of local authorities concerning the protection and management of rights of way.
A public right of way is a right of passage between two places that the public habitually go. Rights of way are a defined route often over private property. You can follow:
- roads, tracks and paths
- a less defined route over fields, hill and moorland
- a path in an urban area
Public rights of way in Scotland become established through a history of use. For a right of way to exist it must meet four criteria which are:
- the route must connect two public places
- the route must follow a more or less defined route
- the use must have been a right and not a consent
- there must have been continuous use for 20 years or more
Scotways, the national charity for rights of way and access rights, provides further information: www.scotways.com
Who can I contact about public rights of way?
If you have any questions about public rights of way, please contact Erica Niven (Rural planner) in the Development and Marine Planning section at erica.niven@orkney.gov.uk or by calling 01856873535 extension 2541.
